Registered Designs Act 1949, Paragraph 2A is up to date with all changes known to be in force on or before 08 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
[F12A(1)Where Crown use is made of a registered design, the government department concerned shall pay—
(a)to the registered proprietor, or
(b)if there is an exclusive licence in force in respect of the design, to the exclusive licensee,
compensation for any loss resulting from his not being awarded a contract to supply the [F2products] to which the design is [F2or in which it is incorporated].
(2)Compensation is payable only to the extent that such a contract could have been fulfilled from his existing manufacturing capacity; but is payable notwithstanding the existence of circumstances rendering him ineligible for the award of such a contract.
(3)In determining the loss, regard shall be had to the profit which would have been made on such a contract and to the extent to which any manufacturing capacity was underused.
(4)No compensation is payable in respect of any failure to secure contracts for the supply of [F2products] to which the design is [F2or in which it is incorporated] otherwise than for the services of the Crown.
(5)The amount payable under this paragraph shall, if not agreed between the registered proprietor or licensee and the government department concerned with the approval of the Treasury, be determined by the court on a reference under paragraph 3; and it is in addition to any amount payable under paragraph 1 or 2 of this Schedule.
(6)In this paragraph—
“Crown use”, in relation to a design, means the doing of anything by virtue of paragraph 1 which would otherwise be an infringement of the right in the design; and
“the government department concerned”, in relation to such use, means the government department by whom or on whose authority the act was done.]
Textual Amendments
F1Sch. 1 para. 2A inserted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 271(1)
F2Words in Sch. 1 para. 2A(1)(4) substituted (9.12.2001) by S.I. 2001/3949, reg. 9(1), Sch. 1 para. 15(4)(a)(b) (with transitional provisions in regs. 10-14)
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